People v. Bellows CA2/2

California Court of Appeal Apr 13, 2022 No. B306995AUnpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1170.95, holding that the defendant failed to make a prima facie showing of eligibility because she was convicted as a direct aider and abettor rather than under the natural and probable consequences doctrine.

Issues

Whether a defendant convicted of attempted murder as a direct aider and abettor is eligible for resentencing under Penal Code section 1170.95.
Whether the record of conviction conclusively refutes a petitioner's eligibility for relief as a matter of law.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Where no jury instructions were given regarding felony murder or natural and probable consequences, a petitioner is ineligible for relief as a matter of law.”

Filed 4/13/22 P. v. Bellows CA2/2 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B306995

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA130645) v.

PATRICIA BELLOWS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Patrick Connolly, Judge. Affirmed. Spolin Law and Aaron Spolin for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

****** Defendant and appellant Patricia Bellows (defendant) appealed from the summary denial of her petition for resentencing under Penal Code section 1170.95.1 After we affirmed the trial court’s order the California Supreme Court granted review and transferred the matter to this court with directions to vacate its decision and reconsider the cause in light of Senate Bill No. 775 (2021-2022 Reg. Sess.) (Senate Bill 775) and People v. Lewis (2021) 11 Cal.5th 952 (Lewis). We have reviewed the parties’ supplemental briefs and hereby vacate our prior decision. After reconsideration of the issues, we again affirm the trial court’s order.

BACKGROUND 2014 conviction In 2014, a jury convicted defendant of two counts of attempted murder in violation of sections 664 and 187, subdivision (a), and one count of shooting at an inhabited dwelling in violation of section 246. The jury found true the allegations that the attempted murders were willful, deliberate, and premeditated; that a principal personally and intentionally discharged a firearm; and that the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang. Defendant admitted prior convictions alleged under the “Three Strikes” law (§§ 667, subds. (b)-(j), 1170.12, subds. (a)- (d)), and she was sentenced to a total aggregate prison term of 85

People v. Bellows CA2/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B306995

PATRICIA BELLOWS,

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